Novikova M. S. and Pribylov A. A. v. Immigration and Customs Enforcement

Summary

A United States magistrate judge recommends dismissing as premature a habeas petition challenging the prolonged detention of two Russian citizens subject to final removal orders. Applying Zadvydas v. Davis and related Fifth Circuit authority, the court concludes that the petitioners had been detained for only a little over two months after their removal orders became final and therefore had not reached the presumptively reasonable six-month detention period. The recommendation also advises denying the respondent’s motion for summary judgment as moot and closing the case.

Holdings

1. A claim challenging detention under the framework of Zadvydas v. Davis is premature and not ripe during the initial six-month period after a removal order becomes final.
2. Because Petitioners' detention claims were not ripe, the court lacked subject-matter jurisdiction and dismissal without prejudice was required.

Questions Presented

1. Whether Petitioners' challenge to their post-final-removal-order detention was ripe before six months had elapsed from the date the removal order became final.
2. Whether the court lacked subject-matter jurisdiction over Petitioners' premature detention challenge.
3. Whether Respondent's motion for summary judgment should be denied as moot after dismissal for lack of subject-matter jurisdiction.

Disposition

other